Selected case law

Agis v. Howard Johnson Co., 371 Mass. 140 (1976)
Expanded liability to cases without physical harm. Court held that "one who, by extreme and outrageous conduct and without privilege causes severe emotional distress to another is subject to liability for such emotional distress even though no bodily harm may result."

Brown v. Nutter, McClennen and Fish, 45 Mass. App.Ct. 212 (1998)
Legal secretary brought action against law firm and one of its attorneys for emotional distress. Court held that while the Workers' Compensation Act barred her claim against the firm, it did not immunize the attorney from personal liability.

Comm. v. Alphas, 430 Mass. 8 (1999)
"In order to convict a defendant under 'following' prong of stalking statute, Commonwealth is required to prove more than two incidents of following."

Comm. v. Brennan, 481 Mass. 146 (2018)
In a case alleging criminal harassment, placing GPS tracking devices on 2 cars and monitoring them constituted 3 acts. The alleged victims did not have to know about the devices in real time to have suffered emotional distress as a result of the acts.

Comm. v. Goldman, 94 Mass. App. Ct. 222 (2018)
"If no distance is specified, the remain-away provision of a typical c. 258E order prohibits the defendant from (1) crossing the residence's property line, (2) engaging in conduct that intrudes directly into the residence, and (3) coming within sufficient proximity to the property line that he would be able to abuse, contact, or harass a protected person if that person were on the property or entering or leaving it. A protected person need not actually be present for such a violation of the order to occur."

Comm. v. McDonald, 462 Mass. 236 (2012). Staring, without more, is not "sinister." Under MGL c. 265, s.43A , "The act of regularly driving on a public street, looking at people in their driveways or on their porches, or at their dogs and gardens, cannot alone support conviction of a wilful and malicious act directed at a specific person."

Comm. v. Wotan, 422 Mass. 740 (1996).
"Term 'repeatedly' in statute making it a misdemeanor to telephone someone repeatedly solely to harass, annoy or molest requires three or more telephone calls."

George v. Jordan Marsh Co., 359 Mass. 244 (1971)
Court held that "one who, without a privilege to do so, by extreme and outrageous conduct intentionally causes severe emotional distress to another, with bodily harm resulting from such distress, is subject to liability."

O'Brien v. Borowski, 461 Mass. 415 (2012)
Narrows the construction of c.258E. "We interpret the word 'fear' in G. L. c. 258E, § 1, to mean fear of physical harm or fear of physical damage to property. With that narrowed construction, we conclude that the civil harassment act, G. L. c. 258E, is not constitutionally overbroad because it limits the scope of prohibited speech to constitutionally unprotected 'true threats' and 'fighting words.'"

Payton v. Abbott Labs, 386 Mass. 540 (1982)
Great summary of the history of the tort and its required elements

Seney v. Morhy, 467 Mass. 58 (2014)
"This court concluded that appeals from expired civil harassment prevention orders issued pursuant to G. L. c. 258E should not be dismissed as moot where the parties have a continuing interest in the case, including removing any stigma from the name, and any law enforcement records, of the party against whom such an order issued."